The performance of sale-purchase pre-contracts under the conditions regulated by art. 931 of Law no. 85/2006. Particularities

DREPTUL AFACERILOR

Abstract

The requests filed under the conditions of Art. 931 of Law no. 85/2006, by which promissory buyers request the performance of obligations arising from a sale-purchase pre-contract concluded with a debtor subject to the Insolvency Law, require the fulfilment of all conditions expressed in the law as a priority. The validity of payments made by the promissory buyers to the debtor in insolvency, after notification of a debt assignment concluded by the latter and an assignee bank, requires establishment of the legal nature of the assignment contract and subsequently, the validity of payments made under these conditions. The fulfilment of all validity conditions regarding the authenticated conclusion of pre-contracts in the case of invoking a set-off of the price difference remaining to be paid with the VAT difference from 19% to 5% or, on the contrary, the VAT regularization upon conclusion of the authenticated contract.